For better or worse, COVID-19 has impacted both relationships and marriages. In turn, it is not surprising that divorces during COVID-19 have been on the rise. The extended time spent at home with family has caused a lot of tension. In an unfortunate twist of fate, the quarantine has revealed a lot of incompatibility issues within married couples. Although some couples have been able to work through marital issues, not all couples have been that lucky. You may be wondering how feasible it is to get a divorce during the pandemic, especially if COVID-19 has impacted employment status and health issues. Even though COVID-19 has added an extra layer of consideration, it is still possible to get a divorce.
So far, COVID-19 has had a profound impact on a wide range of legal matters. Life and circumstances have changed for many different people while quarantining and social distancing. COVID-19 has also had an impact on employment in America. As a result, many Americans are grappling with the financial issues from the pandemic. Attorney Aubrey Harry Ducker Jr., along with attorneys at CPLS are going to examine alimony issues during the COVID-19 crisis.
Family Law: Child custody and divorce law tips.
What does a family lawyer do?
Child custody and divorce law: Family law deals with issues that are family-related and issues of domestic relations. Most family law practices focus on representing clients within a divorce and the issues related to divorces such as the division of marital property, child custody and support, and alimony.
Best Collaborative Practice in Orlando
Aubrey law is known as one of the top collaborative practice attorneys in Orlando Florida. Attorney Aubrey Harry Ducker Jr. handles Collaborative Practice – a voluntary dispute resolution process in which parties settle without resort to litigation.
Best Divorce Attorney in Orlando
The Best Divorce Attorney in Orlando is Aubrey Law! Life can be filled with many tough situations that test the strength of your character. Divorce being one of those main situations. Divorce is not only hard on the people going through it but also the families of the divorcees. divorce affects your family and children on many levels. But here at Aubrey Law, we know how to handle these difficult situations, and assist everyone involved and affected through these tough circumstances to find a viable solution for everyone. Aubrey Law does this in an easy, and stress-free way. We are proud to know how to take care of the needs of the family. Attorney Aubrey Law gives you all the attention, care, and assistance you need. This is why he is the Best Divorce Attorney in Orlando.
About Aubrey Harry Ducker Jr.
Professional Attorney Aubrey Harry Ducker Jr. provides you with professional legal advice and has been able to provide clients with the results they need for many years. Attorney Aubrey Ducker helps you get through all your family’s legal issues as quickly and painlessly as possible. Advanced in problem-solving techniques, Aubrey Harry Ducker Jr. can help you solve your family law cases with ease. Attorney Aubrey Harry Ducker Jr. can find ways to help both parties come to a healthy and agreeable conclusion. Wondering how long does the process takes? Well, let’s take a further look at the divorce process.
Divorce Process and Proceedings
The divorce process begins with one party (the petitioner) filing a divorce or a complaint. The motion for divorce lays out the grounds for divorce and officially demands a divorce. The petitioner must then forward to the opposing party (the respondent) the petition for divorce and its accompanying documents. The respondent must now give a reply (response to the petition for divorce) to the petitioner within 20 days of receipt of the petition for divorce.
The Discovery Process
Discovery is a process in which each party to a case obtains facts from the other party through the rules of civil procedure. In the case of Florida divorce, the initial discovery must be shared at the end of the proceedings. It must be within 45 days from the date of petition of the divorce or lawsuit petition. This initial discovery is called the Mandatory Discovery. Formal discovery can take place after Mandatory Discovery. Discovery may take the form of interrogatories, production requests, requests for admission and depositions.
Alternatives to Trial Process
Once a divorce has been filed, there are usually two options for a divorce to become final. If the parties are able to agree on the terms of the divorce, the parties can decide to sign a settlement agreement and ask the court to sign the agreement. If the parties are unable to settle the matter, the case will be brought to trial and the judge will decide on the issues for the parties. It should be noted that there are alternatives to waiting for the trial and costs associated with the preparation of the trial.
If the parties are unable to agree on the terms of their divorce, then the last remaining option is a trial. This is also known as the final hearing. This would be after discussions and mediation. Before the trial, you will need to attend a pre-trial conference setting out the ground rules for the case.
Alternative Options to Divorce
Now Aubrey Law understands that maybe the solution for your family might not be a Divorce. Maybe your circumstance needs another solution like a collaborative divorce or mediation. One of these alternative solutions is traditional courtroom litigation, which can be stressful and expensive. Another is collaborative divorce, a process in which a couple work together to determine whether to settle a divorce with little or no outside intervention.
Is Mediation Right For you?
To determine whether mediation is the right choice for you and your partner, consider the potential benefits as set out more clearly below. Your professional divorce lawyer will take in to account the decision to help you make the right choice. In certain cases, you may even be forced to seek counseling before you are able to litigate a divorce–the courts have the power to request a divorce from a couple.
If mediation was ordered by the Court or on a voluntary basis, inform yourself about the procedure and its benefits before you start working with a divorce mediator. It’s less costly than the proceedings of your divorce cost savings are one of the primary benefits of mediation in divorce proceedings. Simply put, divorce is difficult in court. A complete divorce case will cost thousands of dollars in litigation.
Mediation can be easier because it removes certain things that push a couple’s divorce bill up, such as investigation, deposition, jury planning, and court hearings. So you maintain greater control over the divorce process. Another benefit of mediation is that it enables you to be in control of your divorce settlement. With mediation, the couple works with a mediator (and in some situations their attorneys), and a neutral third party, to reach agreements for their settlement through a series of guided discussions.
The mediator does not make decisions for the couple. Rather, he or she tells them about their rights and their options regarding each component of their divorce settlement and provides guidance when questions arise as they work toward arrangements that suit their needs.
Special Education Lawyer in Orlando
The top Special Education Lawyer in Orlando is Aubrey Law. Special Education is not easy for anyone. There can be plenty of ups and downs when it comes to your child’s or children’s education. There are multiple forms of special education. When most people hear the words “special education” they think of the class that is separated from other students. There is not just one approach to helping someone in need of special education. New federal law states that students needing special care in the classroom will receive that care. Your child deserves to have all of their learning needs met to give them the best education that works for them. Lawyer Aubrey Ducker Jr. can and will help your child receive the education they need to be successful. After all, lawyer Aubrey Ducker Jr. is the top special education lawyer in Orlando!
How Can Aubrey Law Help My Child?
Every parent wants the best for their child. With Aubrey Law, we make sure your child will get the proper education they need to be successful. If your school district is not keeping up with the help your child needs, then Aubrey Law will make sure they do. Attorney Aubrey Ducker Jr. can help guide you through the process of making the best decisions for your child or children’s future. If your school is failing in keeping up with evaluating your child’s educational needs, Aubrey Ducker Jr. can and will help you stand up for your child’s rights within the school and school district. Contact us to see if you need a Special Education Lawyer in Orlando.
How To Tell If Your Child Might Need Special Needs
Children can be hard to read at times, but it also can be clear when they need help. Some common symptoms of special education needs can include traumatic brain injury, emotional disturbance, deaf or blindness, hearing impairment, and Autism. These are also signs your child is calling out for help. A physical disability like blindness might show signs quickly while a learning disability such as dyslexia could be more difficult to detect from your child.
Detecting if your child needs special education early might help you understand more about the needs your child will need and the learning curve that could follow. If you’re not too sure if your child might be in need or have any of these common symptoms, some other signs to look out for include: problems with reading or writing, poor memory, short attention spans, issues with staying organized, hard time with paying attention, clumsiness, and problems with following direction. Some more common symptoms of having a learning disability could also include having a difficult time listening, acting out without thinking of possible outcomes, and getting easily distracted. One of the most common of learning disabilities is Dyslexia.
Signs of Dyslexia can include poor spelling, problems in writing, and delay in speaking. They also include slow rate of reading out loud and to self, difficulty understanding and following directions. Some special education disabilities are not as serious as others but are still very serious to the child. Another form of learning disability includes Dysgraphia. This is when a child has trouble with writing or has very poor handwriting and does not outgrow this situation. Some signs of Dysgraphia may include the child not holding and twisting the pencil when trying to write, saying words out loud while writing and leaving words or phrases unfinished in a sentence.
Individual Educational Plans and How They Can Help
Each child that receives special education services should have an individual education plan also known as an IEP. The IEP will help parents, school administrators, related services personnel and occasional students (when appropriate) to improve the quality of education of your child. An IEP is the quality of education for your child or children. To help create an effective IEP, parents, teachers and other school administration must come together to understand the student’s unique educational needs. Looking out for the signs your child is giving might be able to show some of the care they need. But you can’t just look and watch the actions of the child. Being prescribed by a doctor is the only way to truly know the needs of your child. This helping comes up with a design to help the child become more involved. It will also improve progress within the general education curriculum.
Aubrey Law can help your child with learning disabilities control and have their rights to proper education. IEP (individual education plans) are not the only form of law to be able to help your child. The federal government ensures the rights of families and students with disability protection through individuals with disabilities education act also known as IDEA. Students can qualify for the IDEA program if they meet the criteria. IDEA’s program helps if they are deaf or blind, are emotionally disturbed on serious levels, autistic, suffering traumatic brain injuries, suffering from learning disabilities or health impairment. This specific act allows how states and agencies might provide early special education, intervention and related services to children with learning disabilities. Some other laws that could help your child of disability include 504 accommodations and IEP requirements.
Overall parents have rights in their child’s education. They have a right to be informed if their child or children are having difficulties in learning. Child education and special education can harm or affect a student of disability if not helped as quickly as possible. Lawyer Aubrey Ducker Jr. can help your child become more successful within their learning path. His guidance will help you keep on top of your school district’s educational curriculum. Having a disability is already hard enough on the student. But having and needing special education on top is even more difficult for them to handle. Lawyer Aubrey Ducker Jr. can help not only you but also your child. Let us help you and your child get the care that they need to excel in school. Attorney Aubrey Ducker Jr. is considered one of the top Special Education Lawyers in Orlando.
Aubrey Law: Best Family Law Attorney in Orlando!
Aubrey Law is the best Family Law Attorney in Orlando! There are so many hard and difficult situations you go through in this world and in your life. Divorce and family law being among these situations. Divorce and Family Law is not only hard and tough for you, but they are also tough on everyone that’s involved. Your family, children, and even the other party. Here at Aubrey Law, we know how to support you, and everyone involved especially through these tough times. Aubrey Law does this in an easy stress-free manner. We take pride in knowing how to care for the family’s needs. Our Attorney Aubrey Law provides you all the attention and help you need.
About Aubrey Harry Ducker Jr.
Professional Attorney Aubrey Harry Ducker Jr. provides you with professional legal guidance and has been able to provide his clients with the results they need for many years. Attorney Aubrey Ducker helps you to get through all your family legal matters as quickly and painlessly as possible. Advanced in Problem solving techniques, Aubrey Harry Ducker Jr. can help solve your family law cases with ease. Having studied for years Attorney Aubrey Harry Ducker Jr. can find ways to help both parties come to a healthy and agreeable conclusion in any case needing to be provided to you.
Attorney Aubrey Harry Ducker Jr. has had many successes in his years in the legal field. This includes being a member of the Orange County Bar association and of the Association of family and conciliation courts. Martindale-Hubbell has awarded him the highest peer review rating. Aubrey Harry Ducker Jr. takes a lot of pride in knowing how to care for a family’s needs and make sure we can provide you with the healthiest of solutions. Visit www.aubreylaw.com to see even more of Aubrey Harry Ducker Jr.’s many accomplishments!
Aubrey Law’s office is right in the heart of beautiful downtown Orlando. His offices are designed to make you feel comfortable and safe. You can schedule appointments at one of our locations or a location of your choosing. Our offices understand that you enjoy being in the comfort of your homes or any other area that you feel is best and safe for you. After all, we understand the privacy needed to help you go through tough times.
Here at Aubrey Law, we take pride in conflict resolution and in conflict prevention approaches. We love to treat every single one of our clients with the care and respect they need. Since what they’re going through is already stressful. Family Law deals with multiple areas such as child custody, child support, adoption, visitation rights and conflict of marriage. No matter what family situation you’re going through, Attorney Aubrey Harry Ducker Jr. will be able to help resolve all the conflict involving your situation. With the help of our practical problem- solving techniques.
So, if you are someone who needs guidance through your divorce or Family Law situation, Aubrey Law can help provide you with all the care you need. Here at Aubrey Law our focus is getting you through your situation in a fast nonstressful manner and caring manner. Call us at (407) 647-7887 to schedule an appointment.
The holiday season often brings warm memories and bonding moments for families. It can also bring the stresses of interstate or even international travel, accusations of favoritism, and feeling the need to fit meaningful visits with multiple family members into a short spurt of time. For newly-divorced parents and their children, these stresses can be easily magnified.
When you begin the process of determining your parenting schedule, discuss how you want handle the holidays with your spouse and your attorney. You can include requirements for the holidays in your parenting time order that allow for you and your spouse to each have sufficient time with your children for the holidays and build your own traditions with them. For further guidance with this and other issues that can crop up when dealing with family law issues, contact an experienced Florida family law attorney.
Every Family has Unique Needs
And these needs will come into consideration when you plan how your children will spend the holidays after your divorce. For example, divorcing couples of different faiths often have their children celebrate both parents’ religious holidays with them. Other specific holidays that parents might want to have written into their parenting plan orders are specific cultural holidays, parent and other family members’ birthdays, and parent-specific holidays like Mother’s Day and Father’s Day.
In situations where both parents celebrate the same holiday, many opt to either alternate or share the holidays. Whether it makes more sense to alternate or to share a holiday depends largely on how close the parents live to each other and the logistics of getting their children to both households without sacrificing the day to traffic or unreasonable travel times.
Alternating vs. Sharing Holidays
In cases where parents opt to alternate holidays, this is often handled by writing up an agreement where one parent spends specific holidays with the children on even-numbered years while the other parent spends those holidays with the children on odd-numbered years. For example, a child might spend Thanksgiving with Mom and Christmas with Dad in 2015, then Thanksgiving with Dad and Christmas with Mom in 2016.
For families who choose to share holidays, the court often imposes specific time frames for each parent. An example of this is one parent having the children for Christmas morning, then sending them to the other parent’s house for the afternoon and evening, then following this arrangement in reverse the following year and alternating between these arrangements for the years to come.
Work with a Winter Park Child Custody Attorney
As a parent going through a divorce or considering ending your marriage in the near future, it is in your best interest to work with an experienced Winter Park family attorney. Contact Sperling Ducker today at 407-645-3297 to schedule your initial legal consultation with our firm. We can answer any question you have about divorcing and handling family issues in Florida and provide you with the guidance you need as you navigate them.
Collaborative Divorce? Learn new ways to get through it
Collaborative divorce is an attractive alternative to divorcing through litigation. With a collaborative divorce, the couple works together, each person with their attorney to draft the divorce settlement that is going to work best for both of them. Meaning they can go outside the guidelines for property division, alimony, and parenting plans. Imposed by Florida law to create a modification that truly suits the family’s needs. If this is something you are facing or considering, discuss it with the appropriate lawyer who can understand.
Share with Your Spouse What You Really Want
In a collaborative divorce if you and your spouse decide how you want to divide your marital assets. You have to specify the asset, like ownership of your vacation property, this is the time to speak your preference and what you are willing to “give up” in order to achieve your divorce goal. You can adjust creative ways to break your assets, like sharing the vacation property with a timeshare-like agreement. Be clear on what you want, and how it would work between you guys.
Establish a Well Rounded Parenting Plan for Your Kids
When the court develops a parenting plan, it follows the guidelines set in Florida law to develop the plan that best serves the child’s personal needs. Establishing a plan that is in your child’s best interest is always something you should strive to do and be prepared for.
Rather than the court creating the plan, and you establishing it. There is more flexibility and control to establish a plan that works best with your family. In many cases, this is easiest when you have help from a child custody evaluator. The parenting plan you establish might veer a lot from the “typical” shared parenting plan like the child spending a lot of his or her time with one parent and every other weekend with the other parent. Yours might involve split weeks or even a modern take on co-parenting like a bird-nesting arrangement. With a collaborative divorce, you craft the parenting plan that suits your family’s needs.
Create an Agreement that Will Make You Both Happy
Maybe you would rather take a larger share of your marital savings than seek alimony. Or maybe you want to settle as much of your marital assets as possible and use the funds to start fresh on the next chapter of your life. These types of arrangement are possible with collaborative divorce. The only limit to your ideal, self-directed settlement is your spouse’s willingness to work cooperatively with you to reach it.
Work with an Experienced Winter Park Divorce Attorney
If you are considering a collaborative divorce, work with a Winter Park divorce lawyer who has extensive experience handling this type of divorce. Contact our team at Sperling Ducker PLC today to set up your initial legal consultation with a member of our team.
In Florida, more than 50,000 people use medical marijuana to manage their chronic pain and severe illnesses like AIDs and Parkinson’s. Despite the continued trend of relaxing attitudes toward marijuana use sweeping the United States, many are still opposed to its use and legalization for medical and recreational purposes.
If you are a medical marijuana user, discuss your use with your lawyer before you develop your parenting plan. The court may impose restrictions on your use, such as requiring that you abstain from using medical marijuana while your child is present.
Does your Marijuana Use Impact your Child’s Safety or your Ability to Parent Effectively?
This is the main issue at hand. Your former spouse may allege that your medical marijuana use somehow puts your child’s safety in danger or negatively impacts your ability to parent your child. He or she might claim that you do not keep your medication securely locked away from your child’s reach, that you smoke marijuana while your child is present and expose him or her to the smoke and act of smoking, and/or that because you use medical marijuana while your child is in your home, your ability to provide for your child and react to dangerous situations is impaired.
How can you prove these types of allegation are false? With evidence. If your former spouse alleges that you use marijuana simply to “get high,” documentation showing that you are a medical cannabis patient is an essential piece of evidence to show that your use is legitimate.
Other pieces of evidence you can use to refute allegations about your use include:
- Testimonies from your doctor regarding how and why you use medical marijuana;
- Photographs showing how you store your medicine securely away from your child; and
- Testimonies from other adults in your child’s life, such as his or her pediatrician or teacher, attesting to your medical marijuana use’s effects on your child.
Your child’s parenting plan is developed according to what the court deems to be in his or her best interest. Maintaining a consistent relationship with both parents is typically in a child’s best interest, and if your legal marijuana use does not interfere with your ability to parent your child, it should not affect your parenting plan. However, courts and judges can be biased, so it is in your best interest to be proactive about supporting your claim and have evidence available to demonstrate your fitness as a parent.
Work with an Experienced Orlando Park Family Lawyer
If you have a valid prescription for medical marijuana, your responsible use of the medication should not interfere with your parenting plan. If your former spouse or another party is attempting to take your medical needs out of context in an effort to sabotage your relationship with your children, you need to work with an experienced Winter Park family lawyer who can represent your case and prove that the accusations are incorrect. Contact our team at Aubrey Law today to set up your initial consultation with us.